Ms. Jane Doe

111 Main Street

Anytown, Texas Zip

Telephone: (_____ ) ______

District Attorney’s Office

Via Certified Mail #

Return Receipt Requested

Re: State of Texas vs. ______

Crime Victim: ______

Cause Number: ______

In the _____ Judicial District Court of ______County

Offense: Aggravated Sexual Assault

NOTICE OF INVOCATION OF CRIME VICTIM RIGHTS

TCCP 56.02 TEXAS CRIME VICTIM’S ACT

Dear Honorable District Attorney ______,

Pursuant to the Texas Code of Criminal Procedure, Article 56.02, more commonly known as the Texas Crime Victims’ Act, this letter is to advise you, as District Attorney, (and the Court) that I am the above-referenced crime victim in this aggravated assault case.

Pursuant to the Texas Code of Criminal Procedure, Article 56.02, I am invoking all of my legal rights under the Crime Victims Act, including but not limited to the following enumerated legal rights:

Article 56.02. Crime victims' rights:
(a) A victim, guardian of a victim, or close relative of a deceased victim is entitled to the following rights within the criminal justice system:
(3) the right, if requested, to be informed:
(A) by the attorney representing the state of relevant court proceedings, including appellate proceedings, and to be informed if those proceedings have been canceled or rescheduled prior to the event; and
(5) the right to provide pertinent information to a probation department conducting a presentencing investigation concerning the impact of the offense on the victim and his family by testimony, written statement, or any other manner prior to any sentencing of the offender;
(8) the right to be provided with a waiting area, separate or secure from other witnesses, including the offender and relatives of the offender, before testifying in any proceeding concerning the offender; if a separate waiting area is not available, other safeguards should be taken to minimize the victim's contact with the offender and the offender's relatives and witnesses, before and during court proceedings;
(13) the right to be informed of the uses of a victim impact statement and the statement's purpose in the criminal justice system, to complete the victim impact statement, and to have the victim impact statement considered:
(A) by the attorney representing the state and the judge before sentencing or before a plea bargain agreement is accepted;
(b) A victim, guardian of a victim, or close relative of a deceased victim is entitled to the right to be present at all public court proceedings related to the offense, subject to the approval of the judge in the case.
(c) The office of the attorney representing the state, and the sheriff, police, and other law enforcement agencies shall ensure to the extent practicable that a victim, guardian of a victim, or close relative of a deceased victim is afforded the rights granted by Subsection (a) of this article and, on request, an explanation of those rights.

Please direct all notices to me at my address and telephone number above. Obviously, I wish to be consulted and that you obtain my consent before you make any plea bargain recommendations to the defendant in this case. I appreciate your consideration in this matter and look forward to hearing back from you. I remain,

Yours very truly,

cc: District Clerk

People Against Violent Crime

Texans for Equal Justice

Texas Women’s Advocacy Project

Texas Association Against Sexual Assault